Question Pt 5 Flashcards
Promissory X is a doctrine that applies when a gratuitous promise is made, and the promisee reasonably and foreseeably relies on it to their detriment. In this, it is very clearly linked to traditional consideration doctrine, in that ordinary consideration may also include detrimental reliance on the part of the promisee.
A. estopped
B. estoppel
C. stoppel
D. stopped
Estoppel
The general rule is that a promise may be enforced, even absent consideration, if: the promise is clear and definite, the promisor intended to induce the promisee to rely on the promise, the promisee detrimentally relied on the promise in a reasonable and foreseeable way, and enforcement of the promise is required to prevent an X.
A. justice
B. law
C. injustice
D. order
Injustice
Offers are generally freely revocable until accepted; However, an offeror may promise not to revoke an offer for a period of time; If this promise is supported by consideration, then it is a valid option contract; Courts are much less likely to examine whether the consideration is X or nominal in the case of option contracts; A mere recitation of consideration will likely suffice.
A. Balm
B. Sham
C. Glam
D. Gram
Sham
Under common law, the pre-existing duty rule is applied, and a modification to a contract must have its own consideration, though it may be merely recited; However, beware of situations where a (seemingly gratuitous) agreement to extend the time for payment of a debt with annual interest is actually supported by the consideration of the additional interest; In addition, a modification to a contract may become enforceable if it would be X in light of unanticipated circumstances.
A. Unfair
B. Equity
C. Fair
D. Request
Fair
If a proper contract was never X, the contract is either void or voidable; A void contract is no contract at all, but a legal nullity, and it cannot be enforced by either party. A voidable contract may be invalidated by the aggrieved party, or the aggrieved party may choose to keep the contract in force.
A. achieved B. arrived
C. formed D. driven
Formed
Misrepresentation: A false statement of fact; Misrepresentation of opinion is not actionable; Misrepresentation is also a X.
A. Sort
B. Contract
C. Tort
D. Quasi-contract
Tort
X: Misrepresentation made with the knowledge that it is untrue. A. Scientist
B. Knowledge
C. Scienter
D. Known
Scienter
The misrepresentation must concern facts represented to, and X by, the other party.
A. lied upon
B. bound without
C. relied upon
D. requested
Relied upon
In principle, there is no affirmative X to inform - to come forward and volunteer facts and information.
A. debt
B. deity
C. duty
D. Dog
Duty
Fraud in the factum (void): If the fraud consists of misrepresenting the actual existence of the subject matter of the contract, then the contract is void; An example would be selling a piece of X that does not exist.
A. Good
B. Property
C. Element
D. Presence
D. Presence
Proprety
Fraud in the inducement - If the fraud consists of misrepresenting the facts in order to induce assent to the contract, then the contract is voidable; Knowledge of falsity: This may include X or reckless indifference to the truth.
A. Living
B. Lying
C. Laying
D. Falsifying
Lying
Voidable contracts : Duress (less than extreme physical); Undue influence; Frivolity; Fraud in the inducement; Statute of frauds; X / release; Incapacity; Mistake
A. Ailes
B. Waves
C. Waiver
D. Liwers
Waiver
Fraudulent: Made with knowledge it is untrue and intent to X; most serious.
A. Masterful
B. Error
C. Mislead
D. Mistake
Mislead
Negligent: Made X with no intent to mislead; may give rise to a remedy. A. carefully
B. barely
C. carelessly
D. Lesley
Carelessly
Innocent: Untrue but made without lack of care or intent to mislead; X to give rise to a remedy.
A. More likely
B. less likely
C. likely less
D. Carelessly
Less likely
Damages for fraud: Damages may include rescission (releasing the parties from performance) as well as restitution for any unjust enrichment; if there has been partial performance. In some cases, punitive damages may be available. Although X damages are usually not available in contracts law, fraudulent misrepresentation is also a tort.
Damages for fraud: Damages may include rescission (releasing the parties from performance) as well as restitution for any unjust enrichment; if there has been partial performance. In some cases, punitive damages may be available. Although X damages are usually not available in contracts law, fraudulent misrepresentation is also a tort.
A. punitives
B. Punition
C. Punitive
D. Sanction
Punitive
Illegal contracts - No one may contract to perform an illegal act; Such contracts are X.
A. Null
B. voidable
C. Cancelled
D. void
Void
Courts may refuse to enforce a contract, declaring it void, when the terms are unconscionable based on the mores and practices of the community, when the terms are unreasonably favorable to one party, or when there is an absence of meaningful choice on the part of one party in entering the contract; the injustice must be such as to “shock the X” of the court.
A. conscience
B. conquest
C. mind
D. electricity
Conscience
The doctrine of unconscionable contracts is often applied in the case of contracts of adhesion; a contract of adhesion is a boilerplate “X” contract that one party offers to another, with little or no opportunity for negotiation; a court may void an unconscionable part of a contract, leaving the rest enforceable.
A. take it or eat it
B. take it or leave it
C. take it or run it
D. take it or say it
Take it or leave it
A contract is illusory if one of the party’s promises is not real; this may be thought of as another type of lack of consideration, e.g. “I’ll pay you if I X like it.”
A. Say
B. Feel
C. Mean
D. See
Feel
Extreme physical duress makes a contract X; lesser duress makes it voidable.
A. voidable
B. devoid
C. void
D. void again
Void
Misunderstanding is when parties attach materially different meanings to contract terms; X evidence is admissible to determine whether there is a misunderstanding. The court will find that, appearances to the contrary, the parties did not form a contract.
A. parole
B. Oral
C. Parola
D. Parol
Parol
Courts may invalidate a contract if the obligation of one of the parties is so vague or ambiguous that it is impossible for the court to determine what enforcement would X.
A. entail
B. tail
C. reveal
D. request
Entail
In the absence of illegality, courts may still declare a contract void, choosing not to enforce it based on X concerns.
A. Public policy
B. Public order
C. Politics
D. Public
Public policy
Courts may make a contract voidable when one party abuses its power in a relationship of submissiveness or X, but actual fraud or duress cannot be pinpointed.
A. crust
B. trusted
C. brust
D. trust
Trust
X - Courts will not enforce a contract when it is “clearly” made in jest (jocandi causa); whether a contract is clearly a joke will be a judgment based on what the court thinks is reasonable.
A. Rationality
B. Frivolity
C. Intelligence
D. Clarity
Frivolity
Statute of X - For certain types of contracts, there must be a writing signed by the party against whom the contract is being enforced, and the writing must include the substance of the agreement; if such a writing does not exist, the contract is voidable at the option of the party that did not sign.
A. Duress
B. Frauds
C. Parol
D. Scores
Frauds
That party may void the contract by raising the statute of frauds as an affirmative defense: transfer of X
A. Land estate
B. Land sale
C. Band sale
D. Sand sale
Land estate
That party may void the contract by raising the statute of frauds as an affirmative defense: sale of X
A. Goods $5000+
B. Goods $500+
C. Goods $1500+
D. Goods $2500+
Good 500+
That party may void the contract by raising the statute of frauds as an affirmative defense: One year (X cannot be performed within one year).
A. serve
B. service
C. serving
D. self service
Service
